Subject: Studies in the News 05-33 (September 23, 2005)


CALIFORNIA RESEARCH BUREAU
CALIFORNIA STATE LIBRARY
Studies in the News


California -- One Hundred and Fifty Years Ago

September 1855 - "In September 1855, the (Steamer) Uncle Sam came into San Francisco with cholera aboard - out of 650 passengers, 104 died at sea and nine more died after they had been landed. "  www.maritimeheritage.org/ships/ss.html  

September 29, 1855 - "The first annual election of officers to command the Sierra Guard unit was held September 29, 1855 (in Downieville, Sierra County). It is evident that the residents deemed it necessary to have a controlled military unit to preserve law and order within their own community. Therefore, steps were taken to form a voluntary guard.... The Sierra Guard had no difficulty in obtaining ammunition for their unit. A Bond of $3,000 was signed October 3, 1855, the following month the arms were shipped on the steamer Enterprise from the Benicia Arsenal. There was considerable difficulty in obtaining funds for the freight bill due on the shipment of arms, amounting to $230. On April 14, 1856 Adjutant General Kibbe wrote that it was hoped that taxes raised from the amended Militia Act, whereby all persons entitled to military duty were to be assessed fifty cents, would raise sufficient funds to cover these expenses of the Guard. The General also requested Captain Taylor to use his influence with the tax collector to see that the tax was faithfully collected. "  www.militarymuseum.org/Sierra%20Guard.html  

Contents This Week

Introductory Material CALIFORNIA READER
   Regional progress in Southern California
CRIMINAL JUSTICE & LAW ENFORCEMENT
   Effective crime control
   Treatment for drug offenders
   Hate crime in California
   Incarcerated youth and rehabilitation
CULTURE AND SOCIETY
   Motion picture production and tax revenues
   Video game ratings and control
   Downloading digital music
   Green-card delays are illegal
ECONOMY
   Policies alter world agricultural trade
   China's trade with Latin America
   Research for stem cell program
   Living wage ordinance
EDUCATION
   1,772 California public schools left behind
   Public university system
   Educational progress across immigrant generations
   Hispanic families and school
   Christian schools sue UC
   School meal programs
ENERGY
   Solar energy report
   Values of distributed electrical generation
   Distributed generation cost-benefit
   Public utilities overcharged rate payers
ENVIRONMENT & NATURAL RESOURCES
   Court allows delay in clean air plan
   Greenhouse gas suit dismissed
   Global warming and hurricane activity
   Plan to restore Hetch Hetchy
   States sue over forest road rules
   Invasive species introduced locally via ships
   California sues USDA over invasive insect control
GENERAL GOVERNMENT
   Pledge ruled unconstitutional
   Homeland security formulas and funding
   Federal competitive grant update
   State law on union opposition voided
   Revising constituency boundaries in the United States
HEALTH
   Medicaid codes and child development
   Pharmaceutical pricing lawsuit
   Implementing telemedicine
   Medicaid grants
   Medicare and state pharmaceutical legislation
HOUSING
   Housing affordability in California
HUMAN SERVICES
   Marriage and child well-being
   Teen parents and TANF
   TANF emergency response to Katrina
   Improving TANF for teens
TRANSPORTATION
   Car rental surcharge for speeding
   Federal highway reauthorization
STUDIES TO COME
   Educational testing and Latinos
   When oil runs dry
   Ionizing radiation health risks
   Well children and health insurance
Introduction to Studies in the News

Studies in the News is a very current compilation of items significant to the Legislature and Governor's Office. It is created weekly by the State Library's Research Bureau to supplement the public policy debate in California's Capitol. To help share the latest information with state policymakers, these reading lists are now being made accessible through the State Library's website. This week's list of current articles in various public policy areas is presented below.

Service to State Employees:

  • When available, the URL for the full text of each item is provided.

  • California State Employees may contact the State Information & Reference Center (916-654-0206; cslsirc@library.ca.gov) with the SITN issue number and the item number [S#].

  • All other interested individuals should contact their local library - the items may be available there, or may be borrowed by your local library on your behalf.

The following studies are currently on hand:

CALIFORNIA READER

CALIFORNIA READER

The State of the Region 2004: Measuring Regional Progress. By Ping Chang, Southern California Association of Governments. (The Association, Los Angeles, California) 2005. Various pagings.

["The State of the Region 2004 tracks Southern California's progress in achieving the goals in Southern California Association of Governments's Regional Comprehensive Plan and Guide. It compares the performance of our region with that of other large U.S. metropolitan areas. The report is intended to assist policy makers, business and community leaders in understanding and assessing our region's position and progress."]

Report. 120 p.
http://www.scag.ca.gov/publications/pdf/2004/SOTR04_FullReport_lowres.pdf

Executive Summary. 7 p.
http://www.scag.ca.gov/publications/pdf/2004/SOTR04_ExecSum.pdf

[Request #S53301]

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CRIMINAL JUSTICE & LAW ENFORCEMENT

COMMUNITY POLICING

Funding Justice Information Sharing. By Blake Harrison, National Conference of State Legislatures. (NCSL, Denver, Colorado) 2005. 28 p.

["Improvements in information technology can enhance public safety, but these improvements may be costly. As states struggle to meet tight budgets, they are looking at new ways to fund crime information systems. State legislative appropriations and federal grants provide the bulk of money for crime information systems and sharing, but alternative funding combined with these sources can be used to upgrade and maintain systems.... Finally government bonds, which can be repaid over a number of years, have allowed states to borrow the necessary funds for these systems."]

[Request #S53302]

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DRUG TREATMENT

Evaluation of the Substance Abuse and Crime Prevention Act: 2004 Final Report. By Douglas Longshore and others, Integrated Substance Abuse Programs, University of California, Los Angeles. Prepared for the Department of Alcohol and Drug Programs and the California Health and Human Services Agency. (The Programs, Los Angeles, California.) July 22, 2005. 145 p.

Full Text at: www.uclaisap.org/Prop36/documents/sacpa080405.pdf

["The latest study on California's experiment giving repeat drug offenders treatment instead of jail time shows mixed results.... People leaving treatment were twice as likely to have a job as those entering rehabilitation. Yet slightly more people were arrested for drug crimes a year after completing treatment than a control group of offenders who broke drug laws before Proposition 36." Sacramento Bee (August 9, 2005) 1.]

[Request #S53303]

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HATE CRIMES

Hate Crime in California 2004. By Bill Lockyer, Attorney General, California Department of Justice. (The Department, Sacramento, California) 2005. 54 p.

Full Text at: caag.state.ca.us/cjsc/publications/hatecrimes/hc04/preface.pdf

["The number of hate crimes reported in California decreased by 5.5 percent last year to the lowest number in a decade.... The study details statistics on reported hate crime incidents, victims, prosecutions and convictions. It includes reported crimes based on race, ethnicity, religion, gender, sexual orientation, national origin or physical or mental disability."]

[Request #S53304]

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YOUTH

Best Practice Guide for Organizations Serving Highly At-risk Youth. By The Mentoring Center. (The Center, Oakland, California) 2005. 8 p.

["The current societal response to delinquent behavior in youth is incarceration. Given alarming recidivism rates, the lack or complete absence of rehabilitation programs and services in detention centers, and minimal and ineffective re-entry services for youth coming out of the system, a new model is needed in California to serve this population."]

[Request #S53305]

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CULTURE AND SOCIETY

ARTS & ENTERTAINMENT

What Is the Cost of Run-away Production? Jobs, Wages, Economic Output and State Tax Revenue at Risk When Motion Picture Productions Leave California. By Gregory Freeman and others, Los Angeles County Economic Development Corporation. (The Corporation, Los Angeles, California) August 2005. 26 p.

Full Text at: www.film.ca.gov/ttca/pdfs/link_overview/cfc/California_Film_Commission_Study.pdf

["California's economy has benefited greatly from the presence of the motion picture industry in the state, particularly in Los Angeles County. Yet, a growing number of states and countries have recognized the value of employment and government tax revenues generated by film and television production and are aggressively courting the business with tax credits and other enticements. This study ... quantifies the economic output (business revenues), jobs, wages, and state taxes at risk in California because of runaway production."]

[Request #S53306]

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Rated E for Everybody? By Heather Morton, National Conference of State Legislatures. NCSL Legisbrief. Vol. 13, No. 34. (NCSL, Denver, Colorado) August/September 2005. 2 p.

["Top-selling video games feature characters using guns and selling and taking drugs.... Concerns are rising regarding kids' access to violent and sexually explicit video games.... Some parents want restrictions on video games at both the municipal and state level.... The video game industry has challenged the legality of local ordinances and state laws."]

[Request #S53307]

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Digital Music Report. By the International Federation of the Phonographic Industry. (The Federation, Dubai Media City, United Arab Emirates) 2005. 24 p.

Full Text at: www.ifpi.org/site-content/library/digital-music-report-2005.pdf

["Legal music downloads in America and much of Europe more than tripled in the first half of 2005. Music executives were cheered by news that the number of tracks available on file-sharing networks, which are frequently illegally downloaded, only increased 3% over the same period, suggesting that growth of legal downloads is outpacing digital music thefts." Los Angeles Times (July 22, 2005) C3.]

[Request #S53308]

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IMMIGRATION

Maria Santillan, et al. v. Alberto Gonzales, et al. U.S. District Court, Northern District of California. C 04-2686 MHP. August 24, 2005. 29 p.

["Immigration officials have illegally delayed issuing green cards to thousands of newly recognized legal U.S. residents, hampering their ability to work and travel, a judge ruled in a nationwide class action suit.... The judge gave federal immigration agencies 60 days to come up with a plan to speed up the processing of documents.... The ruling affects as many as 12,500 immigrants nationwide who were in deportation proceedings when they were granted legal residency by immigration judges." San Francisco Chronicle (August 27, 2005) 1.]

[Request #S53309]

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ECONOMY

AGRIBUSINESS

Policies that Distort World Agricultural Trade: Prevalence and Magnitude. By the Congressional Budget Office. (The Office, Washington, DC) August 2005. 76 p.

Full Text at: www.cbo.gov/ftpdocs/66xx/doc6614/08-22-Doha.pdf

["A major issue on the agenda of the ongoing Doha Round of multilateral trade negotiations by members of the World Trade Organization concerns how and to what extent policies that affect agricultural trade should be liberalized.... This paper presents statistics on policies around the world that distort agricultural trade."]

[Request #S53310]

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ASIA

China's Entrance into Latin America: A Cause for Worry? By Sam Logan and Ben Bain, Americas Program (The Program, Washington, DC) August 24, 2005.

Full Text at: americas.irc-online.org/am/389

["Chinese attention to the Western Hemisphere has sounded the 'red alarm' in Washington, where many fear a Chinese economic invasion of South America. While it is still unclear whether China's presence in Latin America represents a threat to security, Washington observers do have something to worry about.... Latin America sees a new hope in Sino-Latin relations, and the United States can do little but watch.... Chinese trade with Latin America jumped from $200 million in 1975 to $40 billion in 2004. Trade with Brazil alone totaled $8 billion in 2003. Chinese trade only accounts for 3.9% of total Latin American trade, while in 2003 the United States accounted for 48%."]

[Request #S53312]

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BIOTECHNOLOGY INDUSTRY

Policy Framework for Intellectual Property Derived from Stem Cell Research in California: Interim Report to the California Legislature, Governor of the State of California, and California Institute for Regenerative Medicine. By Alan B. Bennettt, University of California, Davis, and others. (California Council on Science and Technology, Sacramento, California) August 2005.

["California should follow federal policy when determining who should own and profit from research discoveries, also referred to as intellectual property. Generally, federal policy allows research institutions to own all discoveries and keep the money it collects from licensing them." San Diego Union Tribune (August 25, 2005) 1.]

Report. 93 p.
http://www.ccst.ucr.edu/ccst/pubs/IP/IP%20Interim.pdf

Executive Summary 31 p.
http://www.ccst.ucr.edu/ccst/pubs/IP/IP%20Interim%20Exec.pdf

Press Release. 1 p.
http://www.ccst.ucr.edu/ccst/projects/ip/ippressrelease.htm

[Request #S53313]

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MINIMUM WAGE

Examining the Evidence: The Impact of the Los Angeles Living Wage Ordinance on Workers and Businesses. By David Fairris, Department of Economics, University of California, Riverside, and others. (The Authors, Los Angeles, California) 2005. 144 p.

Full Text at: www.losangeleslivingwagestudy.org/docs/Examinig_the_Evidence_full.pdf

["This study represents the most definitive analysis of a living wage law's impact on workers and employers. It provides important new insights on the effects of living wage policies, which have been adopted by more than 120 local governments around the country."]

[Request #S53314]

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EDUCATION

ACADEMIC ACHIEVEMENT

Title I Program Improvement Status Data Files. By the California Department of Education. (The Department, Sacramento, California) September 2005. Various pagings.

["The number of California schools failing to meet federal proficiency standards increased again this year despite overall improvements on standardized tests. The annual 'Program Improvement' list had fewer schools added this year, but rising proficiency standards under the No Child Left Behind Law made it harder for schools to get off the list.... In all 1,772 schools -- or about 20% of the state's 9,000 campuses -- were declared in need of improvement." Los Angeles Times (September 21, 2005) A1.]

Program Improvement List of 1,772 Schools. Excel Spreadsheet
Request S#

Los Angeles Times Article.
article

Los Angeles Times Chart.
http://www.latimes.com/media/acrobat/2005-09/19573923.pdf

Press Release.
http://www.cde.ca.gov/nr/ne/yr05/yr05rel112.asp?print=yes

Data Files.
www.cde.ca.gov/ta/ac/ay/tidatafiles.asp

[Request #S53311]

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HIGHER EDUCATION

"Higher ED: "Dangers of an Unplanned Future." By Stanley Ikenberry. IN: State Legislatures, vol. 31 no. 8 (September 2005) pp. 16-18.

["There is cause for concern about the future of public higher education. The unease is driven in part by the recent cuts in state funding of most public universities and by the harsh reality that today's strains are merely a continuation of a three-decades-long trend driven by systemic tensions in state budgets.... America is not likely to return to an earlier, simpler vision of the public university. It is time to confront reality and explore new options and approaches that will preserve the 'public essence' of the public university while empowering these institutions to be more responsive to changed circumstances."]

[Request #S53315]

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IMMIGRANTS

Educational Progress Across Immigrant Generations in California. By Deborah Reed and others, Public Policy Institute of California. (The Institute, San Francisco, California) 2005. 108 p.

Full Text at: www.ppic.org/content/pubs/R_905DRR.pdf

["The children of Mexican immigrants lag significantly in educational achievement behind the sons and daughters of other California immigrants.... Among young Californians, only 11 percent of third-generation Mexican Americans and those whose families have been here longer graduate from college.. In contrast, 38 percent of whites and 46 percent of third-generation Asian Americans and Asian Americans whose families have been here longer finish college.. About 25 percent of Mexican immigrants earn high school diplomas, and 3 percent finish college, while 86 percent of their children graduate from high school and 12 percent from college." San Francisco Chronicle (Sept ember 9, 2005) 1.]

[Request #S53316]

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LATINOS

A Guide to the Tool Kit for Hispanic Families. By the U.S. Department of Education. (The Department, Washington, DC) 2005. 16 p.

Full Text at: www.ed.gov/parents/academic/involve/toolkit/toolkit.pdf

["The U.S. Department of Education released a toolkit of resources that Hispanic families can use to improve their children's performance in school. The kit includes nine publications in English and Spanish, including 'Questions Parents Ask About Schools,' 'A Guide for Reading' and 'Helping Your Child Succeed in School.'" ECS e-Connection (September 14, 2005)1.]

[Request #S53317]

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RELIGION

Association of Christian Schools International, et al. v. Roman Stearns, et al. U.S. District Court, Central District of California. Complaint. August 2005.

["A coalition of Christian schools has filed a federal lawsuit accusing University of California admissions officials of discrimination for refusing to accept certain high school courses taught from a religious viewpoint. The suit also says UC's policies violate rights of free speech and religion." Oakland Tribune (August 31, 2005) 1.]

Complaint. Various pagings.
complaint

Overview. 4 p.
overview

[Request #S53318]

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SCHOOL LUNCHES

School Meal Programs: Competitive Foods Are Widely Available and Generate Substantial Revenues for Schools. By Government Accountability Office. (The Office, Washington, DC) August 2005. 64 p.

Full Text at: www.gao.gov/new.items/d05563.pdf

["This report provides information from two nationally representative surveys about the prevalence of less-nutritious competitive foods in schools, competitive foods restrictions and groups involved in their sale, and the amounts and uses of revenue generated from the sale of competitive foods. It also provides information about strategies schools have to limit the availability of less-nutritious competitive foods."]

[Request #S53319]

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ENERGY

SOLAR POWER

Joint Staff Recommendations to Implement Governor Schwarzenegger's One Million Solar Roofs Program. By California Energy Commission Renewable Energy Program and California Public Utilities Commission Energy Division. (California Public Utilities Commission, San Francisco, California) 2005. Attachment 1. 29 p.

Full Text at: www.cpuc.ca.gov/word_pdf/RULINGS/47004.pdf

["The California's Million Solar Roofs bill died when the Legislature ended the 2005 session. Originally proposed by Governor Schwarzenegger in 2004, the bill would have created ten years of incentives for solar energy to help Californians install one million rooftop solar energy systems on our homes and businesses.... The California Public Utilities Commission, which created the state's current large-scale solar incentive program, has wide authority to implement the key provisions of the Million Solar Roofs bill, the most important of which is the funding." Renewable Energy Access. (September 14, 2005) 1.]

[Request #S53320]

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CPUC Self-Generation Incentive Program Cost-Effectiveness Evaluation Report [Revised Itron Report]. By Itron Inc. Prepared for the Public Utilities Commission. And Prior Testimony Submitted to the California Public Utilities Commission. (The Commission, San Francisco, California) September 14, 2005.

["This report summarizes the findings of the first cost-effectiveness evaluation of the California Self-Generation Incentive Program (SGIP). The SGIP is a statewide program developed by the California Public Utilities Commission to provide incentives for the installation of certain renewable and clean distributed generation (DG) technologies serving all or a portion of a facility's electric needs. DG technologies include photovoltaic systems, reciprocating internal combustion engines, microturbines, fuel cells, and wind turbines.... Cost-effectiveness is evaluated from three perspectives: participants (project owners), nonparticipants (ratepayers), and society as a whole.]

Report. 106 p.
report

Prior Testimonies. Various pagings.
http://www.cpuc.ca.gov/proceedings/R0403017.htm

[Request #S53321]

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Interim Opinion Adopting Cost-Benefit Methodology for Distributed Generation [on Rulemaking file 04-03-017] Proposed Decision of ALJ Malcolm. By the California Public Utilities Commission. (The Commission, San Francisco) September 9, 2005. 46 p.

Full Text at: www.cpuc.ca.gov/word_pdf/COMMENT_DECISION/49277.pdf

["Among the potential costs of Distributed Generation (DG) projects are: Utility revenue loss due to displaced usage of transmission and distribution facilities; ... revenue loss due to avoided commodity purchase; DG project costs --investment, maintenance, fuel, metering, etc.... Among the potential benefits identified by the parties are: Reduced transmission and distribution line losses; Avoided purchases of other energy and capacity; Enhanced reliability; Improved stability and power quality; Reduced air and water pollutants; and Promotion of environmental equity compared to large central station power plants."]

[Request #S53322]

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UTILITIES

Bonneville Power Administration v. Federal Energy Regulatory Commission. U.S. District Court of Appeals, Ninth Circuit. 02-70262. September 6, 2005. 35 p.

Full Text at: tinyurl.com/9p668

["U.S. energy regulators can't force government utilities to repay electricity overcharges from the 2000-01 energy crisis.... The government utilities, which insisted that they acted properly during the energy crisis, argued that the federal regulators lacked legal authority to demand that they return money to ratepayers." Los Angeles Times (September 7, 2005) 1.]

[Request #S53323]

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ENVIRONMENT & NATURAL RESOURCES

AIR POLLUTION

Association of Irritated Residents v. U.S. Environmental Protection Agency, et al. U.S. Court of Appeals, Ninth Circuit. 04-72650. September 6, 2005. 15 p.

Full Text at: tinyurl.com/b9b4j

["A court handed activists a rare defeat in their legal campaign for clean air, rejecting their challenge to the San Joaquin Valley cleanup plan for tiny specks of dust, soot and chemical particles.... Activists had maintained the federal government approved a plan that wrongly gave the San Joaquin Valley Air Pollution Control District until 2010 to clean up the air. Activists said the deadline should have been 2006. The court said the plan followed the structure and purpose of the Clean Air Act." Fresno Bee (September 7, 2005) B1.]

[Request #S53324]

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CLIMATE CHANGE

State of Connecticut, et al. v. American Electric Power Company, Inc., et al. U.S. District Court, Southern District of New York. 04-5669. September 15, 2005. 19 p.

Full Text at: www.nysd.uscourts.gov/rulings/04cv5669_04cv5670_091505.pdf

["California's pioneering lawsuit to cap global warming gases from coal-fired power plants as distant as Kentucky and Florida was tossed out of federal court on jurisdictional grounds.... 'These actions present non-justiciable political questions that are consigned to the political branches, not the judiciary,' the judge concluded. Attorney General Bill Lockyer said the opposite is true. 'When Congress has not taken action on a pressing environmental issue, states have the right to take legal action to protect themselves,' Lockyer said." Sacramento Bee (September 16, 2005) 1.]

[Request #S53325]

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Changes in Tropical Cyclone Number, Duration, and Intensity in a Warming Environment. By P. J. Webster and others. IN: Science, vol. 309, no. 5742. (September 16, 2005) pp. 1844-1846.

Full Text at: www.sciencemag.org/cgi/reprint/309/5742/1844.pdf

["A new study concludes that rising sea temperatures have been accompanied by a significant global increase in the most destructive hurricanes, adding fuel to an international debate over whether global warming contributed to the devastation wrought by Hurricane Katrina. ... And some hurricane experts who previously have questioned the influence of global warming now say the evidence is mounting that it has contributed to recent intense tropical storms.... But other climatologists dispute the findings and argue that a recent spate of severe storms reflects nothing more than normal weather variability." Washington Post (September 16, 2005) A13.]

[Request #S53326]

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ENVIRONMENTAL POLICY

Finding the Way Back to Hetch Hetchy Valley: A Vision of Steps to Restore Hetch Hetchy Valley in Yosemite National Park and to Replace Water and Energy Supplies. By Restore Hetch Hetchy. (Restore Hetch Hetchy, Sonora, California) September 2005. 8 p.

Full Text at: www.hetchhetchy.org/pdf/exec_summary_final.pdf

["Hetch Hetchy would be visited by millions, and the value of bringing the valley back would be enormous. Restoring Hetch Hetchy Valley would provide substantial economic and environmental benefits. The water and power currently supplied by the dam can be replaced from other, more reliable sources, improving the economic stability of the Sierra, Central Valley, and the Bay Area."]

[Request #S53327]

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FORESTRY

People of the State of California, et al. v. U.S. Department of Agriculture. U.S. District Court, Northern District of California. Complaint for Declaratory and Injunctive Relief. August 30, 2005.

["California, New Mexico and Oregon officials sued the federal government over the loosening of a rule protecting national forest land.... In May, the Bush administration replaced the Clinton rule with a new policy that gives states 18 months to petition the federal government to either retain the road prohibitions or open the land to development.... Several governors have complained that they don't have the staff or money to complete a petition, which calls for states to map areas they wish to protect or develop, to analyze the subsequent effects on wildlife and public safety, and to evaluate the threat of wildfire." Los Angeles Times (August 31, 2005) 1.]

Complaint. 17 p.
http://ag.ca.gov/newsalerts/cms05/05-072_0a.pdf

Press release. 1 p .
http://ag.ca.gov/newsalerts/release.php?id=1208#attachments

[Request #S53328]

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INVASIVE SPECIES

Invasive Species: Progress and Challenges in Preventing Introduction into U.S. Waters Via the Ballast Water in Ships. By Government Accountability Office. (The Office, Washington, DC) September 9, 2005. 29 p.

Full Text at: www.gao.gov/cgi-bin/getrpt?GAO-05-1026T

["Numerous invasive species have been introduced into U.S. waters via ballast water discharged from ships and have caused serious economic and ecologic damage.... The federal government has been taking steps since 1990 to implement programs to prevent the introduction of invasive species from ships' ballast water discharges. However, species introductions are continuing. This testimony discusses the legislative and regulatory history of ballast water management and identifies some of the issues that pose challenges for the federal government's program for preventing the introduction of invasive species via ships' ballast water."]

[Request #S53329]

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State of New York, People of the State of California, et al. v. U.S. Department of Agriculture, et al. U.S. District Court, Southern District of New York. 05-CV-8008. Complaint. September 15, 2005

["Attorney General Bill Lockyer sued the U.S. Department of Agriculture for failing to impose effective controls against destructive insects that enter the country in shipping pallets and other wooden packaging. A new rule issued by the USDA requires the use of a marginally-effective Methyl bromide pesticide that damages the environment and is being phased out of use under an international treaty. 'Methyl bromide is a potent and dangerous chemical. It helps destroy the earth's ozone layer and exposes those who come into contact with it to the risk of cancer,' said Lockyer."]

Complaint. 28 p.
http://ag.ca.gov/newsalerts/cms05/05-081_0a.pdf

Press Release. 1 p.
http://ag.ca.gov/newsalerts/release.php?id=1218

[Request #S53330]

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GENERAL GOVERNMENT

CHURCH & STATE

Newdow, et al. v. Congress of the U.S., et al. U.S. District Court, Eastern District of California. S-05-17. September 14, 2005. 31 p.

Full Text at: 207.41.18.73/caed/DOCUMENTS/Opinions/Karlton/05-17.pdf

["Setting up another likely Supreme Court showdown over the Pledge of Allegiance, a judge ruled that reciting the pledge in public schools is unconstitutional.... The Supreme Court dismissed the case last year, saying Newdow lacked standing because he did not have custody of his elementary school daughter he sued on behalf of. Newdow filed an identical case on behalf of three unnamed parents and their children. The judge said those families have the right to sue." San Diego Union Tribune (September 15, 2005) 1.]

[Request #S53331]

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EMERGENCY PREPAREDNESS

Homeland Security: Formulas and Funding. By Federal Funds Information for States. (FFIS, Washington, DC) August 16, 2005. 4 p.

Full Text at: www.ncsl.org/ffis/subs/ib/2005/IB05-33.pdf

["The House and Senate have each passed a fiscal year 2006 appropriations bill for the Department of Homeland Security.... This Issue Brief explains each formula and provides estimates of how these formulas would affect state grant allocations."]

[Request #S53332]

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FEDERAL BUDGET

FFIS Competitive Grant Update. By the Federal Funds Information for States. Update 05-29-05-31. (FFIS, Washington, DC) August 25, 2005. Various pagings.

Full Text at: www.ncsl.org/ffis/subs/cg/2005/CG05-29.htm

[Includes: "Technical Assistance to Develop and Implement Conservation Programs;" "Television Projects: Scripting Grants;" "Television Projects: Planning Grants" and others.]

[Request #S53333]

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FREE SPEECH

Chamber of Commerce of the U.S., et al. v. Bill Lockyer, et al. U.S. Court of Appeals, Ninth District. 03-55166. September 6, 2005. Various pagings.

Full Text at: tinyurl.com/c7b6z

["A court struck down a California law barring companies that do business with the state from spending taxpayer money to oppose union-related speech. The court ruled the 2000 law is 'far from the neutral enactment' the state and labor unions had claimed and actually 'significantly undermines the speech rights of employers related to union organizing campaigns.' By creating strict compliance burdens and accounting requirements, and by hanging the threat of lawsuits and penalties over employers' heads, 'the statute chills employer speech on the merits of unionism'." Oakland Tribune (September 7, 2005) 1.]

[Request #S53334]

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REDISTRICTING

Revising Constituency Boundaries in the United States and Australia: It Couldn't Be More Different. By Richard L. Engstrom. University of New Orleans. (The University, New Orleans, Louisiana) 2005. 10 p.

Full Text at: democratic.audit.anu.edu.au/Papers-2005/EngstromAug05.pdf

["There are enormous differences in the way constituency boundaries for the national House of Representatives are revised in Australia and the United States.... The personnel who do it, the procedures they follow, and the principles they employ are all very different, and so is the acceptance of the results. The process in Australia is widely viewed as nonpartisan and the results as fair. The process in the United States is widely viewed as partisan and whether the results are viewed as fair often depends on which party's lens they are examined through."]

[Request #S53335]

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HEALTH

CHILDREN

How Medical Claims Simplification Can Impede Delivery of Child Developmental Services. By Anne Markus and others, George Washington University. (The Commonwealth Fund, New York, New York) August 2005. 50 p.

Full Text at: www.cmwf.org/usr_doc/Medical_Claims_Simplification.pdf

["The Health Insurance Portability and Accountability Act of 1996 (HIPAA)... requires payers and providers to use standardized procedure codes for payment claims. This presents challenges for children with Medicaid coverage, since the Medicaid program employs a unique definition of medical necessity that ties coverage to childhood growth and development. To comply with HIPAA, state Medicaid agencies must eliminate local payment codes, a process that may result in reduced levels of coverage for children, particularly for primary health and support services such as mental health services, early intervention, physical and speech therapy, home care, case management, and transportation. To avoid unintentional reduction of child development services, the authors suggest revising HIPAA to allow states to customize payment coding to their unique coverage standards."]

[Request #S53336]

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DRUG PRICES

State of California, ex rel, Ven-a-Care of the Florida Keys, Inc. v. Abbot Laboratories, et al. U.S. District Court, District of Massachusetts. 01-12257. Complaint for MoneyDamages and Civil Penalties. August 24, 2005.

["California sued 39 pharmaceutical companies for allegedly inflating their prices and causing the state's health care program for the poor to pay out more than it should -- potentially in the hundreds of millions of dollars.... California joins at least 10 other states that have filed similar lawsuits in an attempt to ratchet down spiraling health costs by seeking lower drug prices. The case is being consolidated with those filed by other states in federal court in Boston..... Lockyer's action was prompted by a whistleblower lawsuit filed in California by a small pharmacy, Ven-A-Care." San Francisco Chronicle (August 26, 2005) A1.]

Complaint. 68 p.
http://ag.ca.gov/newsalerts/cms05/05-069_0b.pdf

Press release. 1 p.
http://ag.ca.gov/newsalerts/release.php?id=1206

[Request #S53337]

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ELDERLY

Implementing Telemedicine Service for Low-Income Seniors: Potential Strategies. By Mathematica. (Mathematica, Princeton, New Jersey) September 2005. 4 p.

Full Text at: www.mathematica-mpr.com/publications/pdfs/implementingtel.pdf

["A growing number of health care organizations are using telemedicine -- communications and information technology that transmits medical diagnostics and monitoring services between health care users and providers who are separated geographically -- as a way to deliver care.... This brief suggests key factors for policymakers and funders of telemedicine interventions to consider as they move forward in developing initiatives for groups with little education and limited experience with technology."]

[Request #S53338]

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MEDICAID

New DSH Ceilings and Audit/Reporting Requirements. By Federal Funds Information for States. FFIS Issue Brief 05-36. (FFIS, Washington, DC) August 30, 2005. 6 p.

Full Text at: www.ncsl.org/ffis/subs/ib/2005/IB05-36.pdf

["States lost more than $1 billion in 2003 Medicaid grants as temporary increases in fiscal years 2001 and 2002 disproportionate share hospital payments expired. However, the Medicare Prescription Drug Improvement, and Modernization Act of 2003 increased those ceillings for FY 2004 and beyond."]

[Request #S53339]

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PRESCRIPTION DRUGS

Medicare and State Pharmaceutical Legislation. By Karmen Hanson and Richard Cauchi, National Conference of State Legislatures. NCSL Legisbrief. Vol. 13 No. 35 (NCSL, Denver, Colorado) August/September 2005. 2 p.

["Medicare will offer an outpatient prescription drug benefit beginning in January 2006.... States are under a tight timeline to meet the act's deadlines.... More than three fourths of the states have adjusted existing state pharmacy assistance programs and policy.... Bills in some states are focused on populations that would be ineligible for, or choose not to enroll in, 2006 Medicare authorized benefits."]

[Request #S53340]

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HOUSING

AFFORDABLE HOUSING

California's Newest Homeowners: Affording the Unaffordable. By Hans P. Johnson and Amanda Bailey, Public Policy Institute of California. (The Institute, San Francisco, California) August 2005. 20 p.

Full Text at: www.ppic.org/content/pubs/CC_805HJCC.pdf

["A new study attempts to answer the great California housing conundrum: How can so many people afford to buy such seemingly unaffordable homes? It finds the answer lies in Californians' sheer resourcefulness. As home prices and sales soared to record levels the past few years, many home buyers chose creative but riskier home loans, devoted more of their income to housing and bought either a smaller house or one in a less expensive part of the state." Sacramento Bee (August 18, 2005) D1.]

[Request #S53341]

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HUMAN SERVICES

CHILDREN

Marriage and Child Wellbeing. By Sara McLanahan and others, David and Lucile Packard Foundation. The Future of Children. Vol. 15 No. 2 (The Foundation, Palo Alto, California) Fall 2005. 177 p.

Full Text at: www.futureofchildren.org/usr_doc/Marriage_vol15_no2__fall05.pdf

["The goal of this volume is to lay out the major issues in the debate over marriage and to provide readers with some facts and context to help them understand the debate.... Given the importance of marriage and family life and given the government's growing involvement in funding marriage programs, [the authors of the study] believe the topic merits the attention of a journal devoted to improving policies for children."]

[Request #S53342]

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TEMPORARY ASSISTANCE FOR NEEDY FAMILIES

A Needed Transition: Lessons from Illinois about Teen Parent TANF Rules. By Lacinda Hummel, Consultant and Jodie Levin-Epstein, The Center for Law and Social Policy. (The Center, Washington, DC) 2005. 23 p.

Full Text at: www.clasp.org/publications/needed_transition.pdf

["Under the 1996 welfare reform bill -- which turned welfare into the time-limited Temporary Assistance for Needy Families (TANF) program -- parents under age 18 must live in an approved arrangement, usually with their parents, and work toward a high school diploma or GED to qualify for assistance. In states across the country, misapplication or confusion about these two rules has left eligible young parents without access to needed resources. Illinois allows minor parents to receive TANF for three months while they come into compliance with the living arrangement and the education rules. This issue brief from the Center for Law and Social Policy looks at Illinois' experience with TANF and minor parents, and the effect of their approach on families and agencies." Connect for Kids (July 11, 2005) 1.]

[Request #S53343]

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TANF Emergency Response and Recovery Act. By Federal Funds Information for States. FFIS Issue Brief 05-37. (FFIS, Washington, DC) September 14, 2005. 2 p.

Full Text at: password not working 9/21/05

["On September 8, 2005, the House of Represntatives passed the Temporary Assistance for Needy Families (TANF) Emergency Response and Recovery Act of 2005. The legislation provides assistance through the TANF program to families affected by Hurricane Katrina. This issue brief outlines some of the more important provisions of the bill."]

[Request #S53344]

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Improving TANF for Teens. By Jodie Levin-Epstein. IN: Journal of Poverty Law and Policy, (July/August 2005) pp. 183-194.

Full Text at: www.clasp.org/publications/tanf_for_teens.pdf

["Dependent children are central to TANF ... but teens have not as a rule, been a legislative focus.... Most TANF teens, who reside in TANF households are not pregnant or parenting children ... and they are overlooked. TANF's impact on all teens must be examined especially in light of recent evidence that teens living in TANF households sometimes experience negative outcomes, even when their mothers might be considered welfare 'success stories."]

[Request #S53345]

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TRANSPORTATION

DRIVERS

American Car Rental, Inc. v. Commissioner of Consumer Protection. SC-17241. Connecticut Supreme Court. 2005. 14 p.

Full Text at: www.jud.state.ct.us/external/supapp/Cases/AROcr/CR273/273CR53.pdf

["American Car Rental had a policy of charging its clients $150 for 'excessive wear and tear' to the rental car, each time they drove over 79 miles per hour.... Whenever GPS reported that the customer drove at least 80 mph for more than two minutes at a time, the company charged the customer's credit or debit card $150.... Sometimes, this process was repeated numerous times. And sometimes, as a result, customers had their credit or debit cards rejected by retailers because their credit limit was exceeded." FindLaw's Legal Commentary (Aug. 23, 2005) 1.]

[Request #S53346]

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HIGHWAYS

Federal-Aid Highway Reauthorization Finally Enacted. By Federal Funds Information for States. (FFIS, Washington, DC) August 15, 2005. 11 p.

Full Text at: www.ffis.org/exec_sum/issue/IB05-32s.htm

["The signing of the Safe, Accountable, Flexible, Efficient Transportation Equity Act ends a two-year effort by Congress to reach agreement on funding for highways, highway safety, motor carrier safety and mass transit for the balance of a decade.... The bill includes provisions affecting highway finance, such as permitting expanded use of state infrastructure banks, tolls, charges for HOV lane use, and expanding tax-exempt financing for public-purpose private projects."]

[Request #S53347]

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STUDIES TO COME
[The following studies, reports, and documents have been ordered or requested, but have not yet arrived. Requests may be placed, and copies will be provided when the material arrives.]

EDUCATION

LATINOS

Leaving Children Behind: How "Texas-style" Accountability Fails Latino Youth. Edited by Angela Valenzuela. (State University of New York Press, Albany, New York) 2004. 314 p.

["The federal government has based much of its education policies on those adopted in Texas. This book makes the case that 'Texas-style' accountability -- defined as the notion that decisions governing retention, promotion, and graduation should be based on a single test score -- fails Latino youth and their communities." Connect for Kids (2005) 1. NOTE: Leaving Children Behind ... will be available for 3-day loan.]

[Request #S53348]

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EMPLOYMENT

WORKFORCE

Lives in the Changing Workforce [Special Issue.] IN: Journal of Family Issues, vol. 26, no. 6 (September 1, 2005) pp. 705-895.

[Includes: "Work Demands and Work-to-Family and Family-to-Work Conflict: Direct and Indirect Relationships;" "Work-Family Conflict, Gender, and Parenthood, 1977-1997;" "Time Strains and Psychological Well-Being: Do Dual-Earner Mothers and Fathers Differ;?" "A Question of Justice: Disparities in Employees' Access to Flexible Schedule Arrangements;" and "Variations in Negative Work-Family Spillover Among White, Black, and Hispanic American Men and Women: Does Ethnicity Matter?"]

[Request #S53349]

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ENERGY

ENERGY

Beyond Oil : The View from Hubbert's Peak. By Kenneth S. Deffeyes. (Hill and Wang, New York, New York) 2005. 202 p.

["Back in 1956, a geologist named M. King Hubbert predicted that U.S. oil production would peak in 1970. Hubbert was right. U.S. oil production did peak in 1970, and it has declined steadily ever since.... A few years ago, geologists began applying Hubbert's methods to the entire world's oil production. Their analyses indicated that global oil production would peak some time during the first decade of the 21st century. The price of oil will increase drastically. Major oil-consuming countries will experience crippling inflation, unemployment and economic instability. Princeton University geologist Kenneth S. Deffeyes predicts 'a permanent state of oil shortage.' Professor Deffeyes thinks the peak will be in late 2005 or early 2006." Inland Valley Daily Bulletin (May 29, 2005) 1. NOTE: Beyond Oil ... will be available for 3-day loan.]

[Request #S53350]

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HEALTH

CANCER

Health Risks from Exposure to Low Levels of Ionizing Radiation. By the Committee to Assess Health Risks from Exposure to Low Levels of Ionizing Radiation, National Research Council. (The Council, Washington, DC) 2005. 710 p.

Full Text at: www.nap.edu/books/030909156X/html

["The committee's thorough review of available biological and biophysical data supports a 'linear, no-threshold' (LNT) risk model, which says that the smallest dose of low-level ionizing radiation has the potential to cause an increase in health risks to humans. In the past, some researchers have argued that the LNT model exaggerates adverse health effects, while others have said that it underestimates the harm. The preponderance of evidence supports the LNT model." Science Daily (July 26, 2005) 1. NOTE: Health Risks ... will be available for 3-day loan.]

[Request #S53351]

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INSURANCE

"Unworried Parents of Well Children: A Look at Uninsured Children Who Reportedly Do Not Need Health Insurance." By Stephen J. Blumberg, Centers for Disease Control and Prevention, and others. IN: Pediatrics, vol. 116, no. 2 (August 2005) pp. 345-351.

["It is often assumed that parents from families with low incomes would be eager to enroll their children in public insurance programs such as Medicaid or the State Children's Health Insurance Program (SCHIP), were it not for structural impediments. However, the National Survey of America's Families revealed that 22.1% of uninsured children from families with low incomes had parents who said that public coverage was not needed or wanted. These children tend to be in better health and to have fewer unmet needs relative to other uninsured children from families with low incomes." MCH Alert (August 19, 2005)1.]

[Request #S53352]

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